About The Law is published every Wednesday and Sunday. If you have a question you would like answered, you may send it to: About The Law, c/o The Oregonian, 1320 SW Broadway, Portland OR 97201.About The Law segments are sponsored by area legal professionals who are solely responsible for the content. Certified legal counselors interested in participating may call: Barbara Liddell at 29W167.

Q. I am frequently asked by clients what rights a fisherman or seaman has when injured on a vessel.

A. The law is very favorable to the injured person. If the injured person was employed as a seaman, fisherman, engineer, deck hand, or fish processor of a vessel, federal maritime law governs their legal rights. The law that protects fishermen and seamen on the high seas or on navigable rivers and lakes is different than traditional land-based law. The law extends greater protections to an injured fisherman and seaman than an injured worker on land. The federal law makes the employer liable in negligence even in the slightest degree for the injury to a fisherman/seaman. The federal law also makes the employer liable for the seaworthiness of the vessel
if the vessel sinks or causes the injury. If you are injured aboard a vessel, do not sign any insurance documents until you have contacted a maritime attorney. You have specific legal rights that are unique to federal maritime law.
Call our law office anytime, including weekends and evenings and we can help you. Our number is 1 800-FISH BOX (1-800-347-4269). We represent maritime employees.


700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269

Q. I was injured while working on a merchant ship. Do l have legal rights?

A. Yes. Crewmembers of fishing vessels, merchant ships, tugboats and processing factory fishing vessels are considered seamen under maritime law. Any employee on a ship is governed by federal maritime law and not State Worker Compensation law. The federal law allows the injured fisherman and seaman to sue the employer whereas under the worker compensation law the injured worker can not sue the employer but receives only certain monetary benefits. A seaman and fisherman who is injured or becomes ill while working is also entitled to a daily amount of money called maintenance to pay for daily living expenses. The seaman also has the right to medical care with out cost. This is called cure. The seaman is also entitled to wages for the period of time which he was unable to complete the specific voyage of the vessel or the fishing season or contract. This is called unearned wages. However, unlike state worker compensation laws there is no federal law that requires employers of seamen to carry insurance to pay for these benefits. If you have any questions please phone me at 1-800-347-4269, offices in Portland and Eugene. Appointments available evenings, weekends and in your home.


Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269



Q. I work as a deck hand on a fishing boat. While the boat was getting repaired out of the water I was injured. Do I have any legal rights?

A. Yes. The legal issue is A- whether your rights will be defined by the federal law under the Jones Act and general maritime law, the federal law pertaining to Longshore workers or under the State of Oregon Worker Compensation laws. The difficult legal issue is whether your fishing boat is considered a vessel in navigation when you were injured. The Jones Act applies to injuries when the boat is on navigable waters. When an in jury happens while the boat is in the ocean, river or lake then the federal Jones Act law applies. If the boat is out of the water undergoing repairs and you were injured doing the repairs your rights may depend on whether the repairs were routing or minor repairs or major renovations. Minor repairs do not change your legal status under the Jones Act but major repairs may change your legal status. If you have any questions please phone me at 1 800-347-4269, offices in Portland and Eugene. Appointments avail able evenings, weekends and in your home.



Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269



Q. I was injured while working on a fishing boat. l was told that I could sue my employer for my injury rather than file a state worker compensation claim. Can I sue it within 60 days or they will my employer?

A Yes. Federal law known as the Jones Act provides fishermen and seamen with the same legal rights that railroad workers have under the Federal Employers Liability Act. The Jones
act was named after Senator Wesley Jones of Washington State. A fisherman, seaman, railroad worker can sue their employer for their injury. The previous defenses of contributory negligence and assumption of risk were abolished under this law. The negligence of a seaman, fisherman and railroad worker only mitigates or reduces your damages. Under the Jones Act you must prove that your employer or one of its agents was negligent and that this negligence was a cause, however slight, of your injuries. If you have any questions phone me at 1-800-347 4269, office in Portland and Eugene. Appointments available evenings, weekends and in your home.


Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269


Q. What laws regulate the safety and health of workers aboard a commercial vessel?

A Federal law governs all commercial vessels. The primary federal agency which may have jurisdiction is the Coast
Guard. Any time an employee on a fishing vessel or a seaman on a merchant ship is injured on the Coast Guard regulations found in 33 CFR and 46 CFR should be read. In addition, under certain circumstances the occupational safety and health administration (OSHA) may apply. The OSHA
regulations are found in 26 CFR. Whenever there is a serious man time accident, the Coast Guard will conduct an investigation. An injured employee has the right under the Freedom of Information Act to get a copy of the report and findings. This should always be done. If you are injured aboard a vessel, do not sign any insurance documents until you have contracted a maritime attorney. You have specific legal rights that are unique to federal maritime law. Call our law office anytime, including weekends and evenings and we can help you. Our number is 1 -800-FISH BOX (1-800-347-4269). We represent fishermen and seamen.


Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269


Q. What laws apply to a person who is killed on the high seas?

A There are several. The ~- remedies for maritime deaths are found in the federal law called the "Jones Act", the "General Admirahy Common Law", and the federal law called the "Death on the High Seas Act", and a state's Unwrongful Death Laws". The federal death on the high seas Act is found in 46 United States Code Section 761. This law applies to all deaths of any person caused by the wrongful acts occurring on the high seas. It is not exlusive to employees but ap plies to anyone that is killed while on any vessel on the ocean more than three miles from a stanels shore. This law provides that, "whenever the death of a person shall be caused by wrongful act, neglect, or defauh occurring on the high seas beyond a mastate...the personal representative of the decedent may maintain a Sun for damages in the district courts of the United States, in admirahy, for the exclusive benefit of the decedent's wife, husband, parent, child or dependent relative against the vessel, person, or corporation which would have been liable K death had not ensued." This law is named the "Death of the High Seas Act." (DOHSA). Call our law office any time, including weekends and evenings to see if we can help you. Our number is 1 -800-FISH BOX (1 -800 347-4269).

Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269